RustyRecon is committed to protecting your privacy when you use the RustyRecon Service, which is comprised of (i) the RustyRecon website, currently located at www.RustyRecon.com (and/or any successor or additional website(s) owned or operated by or for RustyRecon); (ii) the RustyRecon syndication network (which may include third party websites); (iii) the RustyRecon client, a downloadable application that enables users to view content (the "RustyRecon Client"); (iv) the servers operated by or on behalf of RustyRecon; and/or (v) any other technology and/or services that RustyRecon provides its users. The following Privacy Policy was prepared to inform you of the information we collect about you, how that information is used, whether and to whom we disclose it, and the choices you have regarding your personal information.
It is very important that you read and understand our Privacy Policy. If you do not accept the terms set out in our Privacy Policy, please do not use the RustyRecon Service.
We may update this Privacy Policy from time to time. We will advise you that changes have been made by posting a notice on our website or otherwise. Your use of the RustyRecon Service constitutes your acceptance of the terms of our Privacy Policy, as may be amended or revised by us, and you are advised to consult our Privacy Policy regularly for any changes (revisions will be reflected by the "last update" notation below).
If you have any questions regarding RustyRecon’s policies or practices relating to privacy, please direct them to privacy@RustyRecon.com.
This Privacy Policy was last updated on September 20, 2008.
Collection and Use of Information
While using the RustyRecon Service you may, among other things, gather information on our website, publish and download content, subscribe to one of our services. In doing so, we may collect certain information about you.
We may automatically collect certain aggregated data regarding use of the RustyRecon Service, like the number of users and frequency and manner of usage of the RustyRecon Service. We may also collect aggregated information regarding the use of our subscription-based service network, such as the extent to which certain features are used. Aggregated information is anonymous, statistical information that reflects the scope of our user base, sales, customer patterns and related site information. We use this information to better understand how the RustyRecon Service is used, and to improve the online experience of our users. This information is not used in a way that will personally identify you. In addition, certain non-personally identifiable information is collected by RustyRecon and our third-party advertising providers (such as, DoubleClick) during the course of use of our Service and for example, in serving advertisements to our website, including, for example, the number of times you have viewed an advertisement (but not your name, address, or other personal information). Such information is used by RustyRecon and our advertising providers to facilitate and monitor the serving of advertisements.
Similarly, we may also use cookies to track and understand the traffic on our website. Cookies are alphanumeric identifiers that our website places onto your computer's hard drive. Cookies identify your computer hard drive so that we can recognize you the next time you visit us. We use cookies to collect and store some information about you, such as the name of the domain and host from which you access the Internet, the Internet Protocol (IP) address of the computer you are using, the date and time you access our website and the Internet address of the website from which you linked directly to our website. We use this information to better understand our users and customize our site for users' particular preferences. In the same manner, we may also engage third parties to monitor the usage of, and serve advertising to, the RustyRecon Service. These third parties may use cookies and web beacons (which collect non-personally identifiable information regarding user behavior on our website) to collect such information, which is also used to better understand our users and customize our site for users' particular preferences. You may disable cookies by following directions on your web browser. Disabling cookies also disables web beacons. You should be aware, however, that by disabling cookies you may be unable to access certain services and features of the RustyRecon Service.
We may collect personally identifiable information from you when you seek access to certain portions of the RustyRecon Service, publish or download content, and/or register for our services. This information may include, but is not limited to, your name, physical and e-mail addresses, phone and/or fax numbers, Internet address, type of computer and credit card or other payment information, as well as your preferences and usage patterns. This information may be used to fulfill your requests for services, to communicate with you about your account, to support your online activities, to respond to your questions, to customize your experience and to customize the content or features of the RustyRecon Service. We may use your personally identifiable information to notify you of changes to the RustyRecon Service, Terms of Use and/or Privacy Policy. We may also use your personally identifiable information to personalize your interactive experience on the RustyRecon Service. For example, if you have given us permission, we may use your information to inform you of other products or services that you may find valuable. We may also use the information you provide to make improvements that better serve our users' needs. To edit your personal information that you entered when you created your account, you must log-in to RustyRecon.com and click your username at the top of any page to manage your account.
If you prefer not to receive information about additional products and services that we think you may be interested in, you can choose not to receive this information by opting-out when given the opportunity at the point we ask you for your contact information. You may also choose to opt-out after the fact by following the Opt Out instructions provided below.
Disclosure of Information
We may share aggregated statistical information about users of the RustyRecon Service with third-parties, including our distributors, vendors, actual and potential customers and third-parties that offer products or services for use with the RustyRecon Service. This information is not linked to any personally identifiable information.
RustyRecon will not share your personally identifiable information with any third-parties, with the following exceptions:
1. As necessary to third parties who perform services for us in operating and marketing the RustyRecon Service, included but not limited to the monitoring of user behavior on our website and the processing of payments for products or services.
2. If you obtain the RustyRecon Client bundled with product(s) from a third-party company, we may share some of your personally identifiable information (but not your credit card information) with that company. If we share your personally identifiable information with such a company, that company's privacy policy will govern its use of your information.
3. We may be obliged or deem it necessary or appropriate to disclose your information in certain special situations. These situations include: in response to legal process such as a court order or subpoena; to prevent or combat fraud; as required by federal or state law; enforcement of our Terms of Use; and protection of the rights, property or safety of RustyRecon, our users or others.
4. We may disclose your information in connection with a merger, acquisition, or liquidation of our company and to parents, subsidiaries or affiliates of RustyRecon.
Security
RustyRecon is committed to taking appropriate measures to protect your privacy against unauthorized disclosures. RustyRecon uses a variety of secure techniques designed to protect your information.
While we have implemented safeguards, you should be aware that Internet security technology rapidly changes. As such, we cannot guarantee that the safeguards we employ today can protect your personal information from the threats of tomorrow, or that our security measures are failsafe and not subject to circumvention or unauthorized intrusion. You should also be aware that, despite our best efforts, factors beyond our control may result in disclosure of data.
Third-Party Links
Portions of the RustyRecon Service may contain links to other third party websites that you may access. These other sites have their own privacy policies, and you should review those policies before following those links. We cannot control the information disclosed at these third-party sites or how that information is used.
Children and Young People
We do not knowingly collect any personal information from children under the age of 13. To best protect your child’s privacy, we suggest that you carefully supervise your child’s access to the Internet and our website. For more information on how to protect your child’s privacy, you can visit the Federal Trade Commission's Kidz Privacy page, accessible via http://www.ftc.gov/kidzprivacy.
Opt-Out
The RustyRecon Service provides users the opportunity to option-out (opt-out) of receiving certain communications from us regarding products and services in which you may be interested. You will be given this opportunity at the time we request information about you. If you do not opt-out at the time you provide information, but choose to opt-out later, click here to send an email indicating that you no longer wish to receive such communications. Please provide your name and physical and/or email address(es) at which you are receiving the unwanted communications.
Notice for Users Outside of the United States
You should be aware that the United States and other countries have not unified or synchronized their privacy regulations. Because the RustyRecon Service is intended specifically for users in the United States, we have written our Privacy Policy to satisfy United States regulations. By using the RustyRecon Service, you agree to the level of privacy protection set out in our Privacy Policy.
» Privacy Policy
» Terms of Use
» Copyrights
» Copyright FAQs
Friday, December 4, 2009
FAQ
1. What can I upload on RustyRecon?
Here is a link to our Terms of Use that explains in detail what RustyRecon allows and what we don't (Publisher Terms). With regard to copyright, Publishers should only upload content that they have personally made or are authorized to use. Any content you have not created or been authorized to use, should not be uploaded. TOS LINK
2. What can't I upload on RustyRecon?
Do not upload content you did not create or have not been authorized to use. Such content may include copyrighted movies, movie clips, movie trailers, television programs, clips of television programs, television commercials, music media material and/or digital contents, music tracks, media material and/or digital contents of live concerts or media material and/or digital contents made by a publisher other than you.
3. Why was my media material and/or digital content removed?
Your media material and/or digital content violated the RustyRecon Terms of Use (please see Publisher Terms), and/or RustyRecon was notified that your media material and/or digital content(s) infringes copyrighted content.
4. I think I have a right to upload my media material and/or digital content and that my media material and/or digital content was removed in error: How do I get it back on RustyRecon?
Please see our Copyright Policy for the procedure to supply a Counter Notification to the RustyRecon Designated Agent. RustyRecon Support.
5. My media material and/or digital content was allowed on another site. Why can't I upload it on RustyRecon? RustyRecon prohibits infringing content. If your media material and/or digital content violates RustyRecon's Terms of Use, and/or RustyRecon is notified that your media material and/or digital content(s) infringes copyrighted content, it will not be allowed on RustyRecon.
6. I received a letter from RustyRecon about a copyright violation. Who can I contact for more information? Send an email to the email address provided in the letter and someone will contact you shortly.
7. I received a warning letter. Will I be terminated from RustyRecon? Please take our warning letter seriously. RustyRecon's policy is to terminate in appropriate circumstances the account of user's who are repeat infringers of copyright.
8. My original media material and/or digital content, slide show or compilation was cancelled. I created it myself and set it to music. Why was it cancelled? Your media material and/or digital content may have been removed because it contained an audio track in which a third party claimed copyright. (Please see FAQ #2 above).
9. I think my use is Fair Use and should therefore be allowed. What is the process for disputing the cancellation of my media material and/or digital content? Please see our Copyright Policy for the procedure to supply a Counter Notification to the RustyRecon Designated Agent. copyright policy link
Here is a link to our Terms of Use that explains in detail what RustyRecon allows and what we don't (Publisher Terms). With regard to copyright, Publishers should only upload content that they have personally made or are authorized to use. Any content you have not created or been authorized to use, should not be uploaded. TOS LINK
2. What can't I upload on RustyRecon?
Do not upload content you did not create or have not been authorized to use. Such content may include copyrighted movies, movie clips, movie trailers, television programs, clips of television programs, television commercials, music media material and/or digital contents, music tracks, media material and/or digital contents of live concerts or media material and/or digital contents made by a publisher other than you.
3. Why was my media material and/or digital content removed?
Your media material and/or digital content violated the RustyRecon Terms of Use (please see Publisher Terms), and/or RustyRecon was notified that your media material and/or digital content(s) infringes copyrighted content.
4. I think I have a right to upload my media material and/or digital content and that my media material and/or digital content was removed in error: How do I get it back on RustyRecon?
Please see our Copyright Policy for the procedure to supply a Counter Notification to the RustyRecon Designated Agent. RustyRecon Support.
5. My media material and/or digital content was allowed on another site. Why can't I upload it on RustyRecon? RustyRecon prohibits infringing content. If your media material and/or digital content violates RustyRecon's Terms of Use, and/or RustyRecon is notified that your media material and/or digital content(s) infringes copyrighted content, it will not be allowed on RustyRecon.
6. I received a letter from RustyRecon about a copyright violation. Who can I contact for more information? Send an email to the email address provided in the letter and someone will contact you shortly.
7. I received a warning letter. Will I be terminated from RustyRecon? Please take our warning letter seriously. RustyRecon's policy is to terminate in appropriate circumstances the account of user's who are repeat infringers of copyright.
8. My original media material and/or digital content, slide show or compilation was cancelled. I created it myself and set it to music. Why was it cancelled? Your media material and/or digital content may have been removed because it contained an audio track in which a third party claimed copyright. (Please see FAQ #2 above).
9. I think my use is Fair Use and should therefore be allowed. What is the process for disputing the cancellation of my media material and/or digital content? Please see our Copyright Policy for the procedure to supply a Counter Notification to the RustyRecon Designated Agent. copyright policy link
Thursday, December 3, 2009
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THESE PUBLISHER TERMS, RUSTYRECON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THESE PUBLISHER TERMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SUITABILITY OR OTHERWISE. THE RUSTYRECON SERVICE IS PROVIDED ON AN "AS IS" BASIS ONLY, AND RUSTYRECON MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT IT WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE RUSTYRECON SERVICE RELIES UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS, INCLUDING, WITHOUT LIMITATION, THE ENCODING AND APPLICATION OF SECURITY AND DIGITAL RIGHTS MANAGEMENT FUNCTIONALITY AND PROTECTIONS. RUSTYRECON MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND RUSTYRECON SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE ACQUIRE YOUR VIDEO MATERIAL AND PUBLISHER MATERIAL WITHOUT YOUR AND/OR RUSTYRECON'S AUTHORIZATION AND/OR KNOWLEDGE, INCLUDING, WITHOUT LIMITATION, VIDEO MATERIAL AND PUBLISHER MATERIAL DELIVERED THROUGH STREAMING TECHNOLOGY.
Limitation of Liability
IN NO EVENT SHALL RUSTYRECON OR its affiliates, subsidiaries OR distribution partners and their respective officers, directors, employees and/OR agents BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, LOST BUSINESS, BUSINESS INTERRUPTION OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE PUBLISHER TERMS. UNDER NO CIRCUMSTANCES SHALL RUSTYRECON BE LIABLE FOR DAMAGES IN EXCESS OF AMOUNTS PAID OR PAYABLE TO YOU HEREUNDER.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, RUSTYRECON'S AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Limitation of Liability
IN NO EVENT SHALL RUSTYRECON OR its affiliates, subsidiaries OR distribution partners and their respective officers, directors, employees and/OR agents BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, LOST BUSINESS, BUSINESS INTERRUPTION OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE PUBLISHER TERMS. UNDER NO CIRCUMSTANCES SHALL RUSTYRECON BE LIABLE FOR DAMAGES IN EXCESS OF AMOUNTS PAID OR PAYABLE TO YOU HEREUNDER.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, RUSTYRECON'S AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Terms and Conditions
PUBLISHER TERMS AND CONDITIONS
PLEASE READ THESE PUBLISHER TERMS AND CONDITIONS ("PUBLISHER TERMS") CAREFULLY. IT IS A LEGAL DOCUMENT. IT CONTAINS BINDING OBLIGATIONS. BY CLICKING "I AGREE" AT THE END OF THIS DOCUMENT, YOU ("you" or "your" as applicable) ARE AGREEING TO BE BOUND BY THESE PUBLISHER TERMS. IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE PUBLISHER TERMS. "YOU" MEANS YOU OR, IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, "YOU" MEANS THAT EMPLOYER OR ENTITY.
The RustyRecon Service
The RustyRecon Service is described in the Terms of Use ("TOU"), which is incorporated by reference. In addition, the RustyRecon Service may include the services described from time to time on RustyRecon's website, provided, however, that RustyRecon reserves the right to change, improve and/or update the RustyRecon Service from time to time in its sole discretion. As part of the RustyRecon Service, RustyRecon enables rights holders ("Publishers") to upload, manage and distribute their content directly to end users through various distribution channels, including, but not limited to, (i) their own, proprietary website/s, (ii) through the RustyRecon Service itself, and/or (iii) anywhere RustyRecon enables such content to be accessed.
Your Obligations
In order to upload and publish content on the RustyRecon Service, You must have "accepted" these Publisher Terms and the TOU, and You must have an active, authorized account with RustyRecon. All content made available by you, other than "User Material," as defined in the TOU, is referred to as either "Video Material" or "Publisher Material." "Video Material" for purposes of this Agreement is the video you upload to the RustyRecon Services. "Publisher Material, for purposes of this Agreement, is any other material you provide and includes without limitation music, animation, text, software, scripts, graphics, images, audio, information and interactive features. You are solely responsible for all Video Material and Publisher Material You transmit or submit to RustyRecon, whether created by or for You. You may not submit Video Material and Publisher Material that contains any pornographic, infringing, hate-related, violent or illegal content. You may only upload and publish Video Material and Publisher Material on the RustyRecon Service to which You have sufficient rights and licenses to permit the distribution of your Video Material and Publisher Material via the RustyRecon Services. At all times, in using the RustyRecon Service, You must observe and abide by these Publisher Terms and the TOU as they may be amended from time to time.
Ownership/Reservation of Rights
Each party retains any and all pre-existing right, title and interest in and to its website/s, intellectual property, including copyrights and trademarks, technology, content and all components thereof, in whole or in part. Accordingly, You own Your Video Material and Publisher Material, and RustyRecon owns the RustyRecon Service. Neither these Publisher Terms nor the TOU shall be construed in any manner as transferring any rights of ownership of or license to the foregoing, and/or to the features or information therein, except as expressly set forth in these Publisher Terms and the TOU. Under no circumstances will these Publisher Terms be construed as granting, by implication, estoppels or otherwise, a license to any intellectual or other property or components thereof other than as specifically granted in these Publisher Terms or the TOU.
License to Video Material and Publisher Material
License to RustyRecon. You hereby grant RustyRecon a limited, non-exclusive, worldwide, revocable, sub-licensable license to perform such acts in connection with Your Video Material and Publisher Material as are necessary to provide the RustyRecon Service. Specifically, the foregoing license includes, without limitation, and to the extent necessary to provide the RustyRecon Service, permission for RustyRecon, to: (i) publicly display, publicly perform, transmit, distribute, copy, store, reproduce and/or provide Your Video Material and Publisher Material on or through the RustyRecon Service, either in its original form, copy or in the form of an encoded work; (ii) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms based on Your Video Material and Publisher Material; (iii) distribute, transmit, and/or display Your Video Material and Publisher Material and encoded works via such technologies as are supported by RustyRecon from time to time; and (iv) display advertisements in connection with any display of Your Video Material and Publisher Material and encoded works. For the avoidance of doubt, RustyRecon expressly acknowledges and agrees that the RustyRecon Service does not include taking title to any Video Material and Publisher Material supplied by You.
License to Trademarks
Subject to full compliance with these Publisher Terms, RustyRecon hereby grants You, and You hereby grant RustyRecon, a non-exclusive, non-transferable (except as provided herein), royalty-free right to reproduce and display the other's logos, trademarks, trade names and other similar identifying material (the "Marks") solely for the purposes described herein and in accordance with RustyRecon's or Your, as applicable, established usage policies and procedures, as may be modified from time to time in RustyRecon's or Your, as applicable, sole discretion and as supplied by link or in writing to the other party, and, in the case of RustyRecon, to grant sublicenses thereto on the same terms and conditions to end users and RustyRecon's affiliates and partners to the extent necessary in connection with the provision of the RustyRecon Service. In connection with such licenses, each party shall have the unilateral right to establish such quality standards and additional terms and conditions as such party deems necessary to reasonably protect its Marks. These licenses may be revoked by the granting party at any time upon notice to the other and will otherwise terminate automatically upon the termination of these Publisher Terms between You and RustyRecon.
Video Material and Publisher Material Publication Options
By using the publisher portion of the RustyRecon Service, You may select options regarding the presentation, management, distribution of and end user access to Your Video Material and Publisher Material. You may change Your selections regarding each option to the extent permitted by the publisher portion of the RustyRecon Service. In all cases, Your last selections reflected in RustyRecon's database shall be conclusive in the event of any dispute.
No Endorsement; Availability; Monitoring
You acknowledge that RustyRecon does not endorse, evaluate or guarantee any Video Material and Publisher Material and you may not state or imply any such endorsement, evaluation or guarantee. RustyRecon does not guarantee that any Video Material and Publisher Material will be made available on the RustyRecon Service, whether continuously or at all. RustyRecon shall have no obligation to monitor any Video Material and Publisher Material. However, RustyRecon and its agents shall have and do reserve the right to monitor any Video Material and Publisher Material from time to time for any lawful purpose. RustyRecon may, without notice to you, remove or block content of any Video Material and Publisher Material from the RustyRecon Service.
Suspension
RustyRecon reserves the right to suspend its performance or any aspect thereof under these Publisher Terms at any time, without giving prior notice, for any act which RustyRecon, in its sole discretion, determines to be harmful to any end user of the RustyRecon Service, the RustyRecon Service itself or which RustyRecon determines in good faith violates or fails to comply with any applicable law or regulation.
Revocation of Rights
You have the right to revoke certain licenses You are granting to Your Video Material and Publisher Material under these Publisher Terms. If You choose to revoke any of Your revocable licenses, RustyRecon will use commercially reasonable efforts to remove Your Video Material and Publisher Material from the RustyRecon Service within three business days after receipt of Your notice of revocation but shall have no liability for failure to remove such Video Material. You acknowledge and agree that RustyRecon has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that RustyRecon assumes no responsibility for controlling or monitoring such intellectual property rights and shall have no liability for such possible infringement. In addition, RustyRecon is not responsible for enforcing Your intellectual property rights, including filing suit or taking other legal action against infringers or against RustyRecon's distribution partners who fail to cease using Your Video Material and Publisher Material upon revocation. RustyRecon respects the licensing choices publishers may provide viewers, including Creative Commons type licenses, but assumes no responsibility for enforcing such liability hereunder.
Representations and Warranties
Corporate. You represent and warrant at all times that: (i) You are duly organized and validly existing and in good standing under the laws of the state of Your incorporation; (ii) You have full corporate power and authority to enter into these Publisher Terms and the TOU and to carry out the provisions hereof and thereof; (iii) You are duly authorized to execute and deliver these Publisher Terms and the TOU and duly authorized to perform the obligations hereunder and thereunder; (iv) these Publisher Terms and the TOU are legal and valid obligations, binding and enforceable in accordance with their terms; and (v) neither the execution, delivery and performance of these Publisher Terms nor the TOU conflicts with any agreement, instrument, or understanding, oral or written, to which You are a party or by which You may be bound, or violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over You.
Ability to Accept these Publisher Terms. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to accept, make and/or perform the terms, conditions, obligations, representations and warranties set forth in these Publisher Terms and the TOU, and to abide by and comply with the terms hereof and thereof.
No Infringement. You represent and warrant that You either own fully and outright or otherwise possess and have obtained all rights, approvals, licenses, consents and permissions as are necessary to perform Your obligations hereunder and under the TOU and to grant the licenses granted by You under these Publisher Terms and the TOU.
Representations About Your Video Material and Publisher Material. You specifically represent and warrant that Your Video Material and Publisher Material and the distribution and/or publication of Your Video Material and Publisher Material through the RustyRecon Service or through and/or by any affiliate or partner of RustyRecon, directly or indirectly, does not, and shall not, infringe or misappropriate the rights of any third party, nor shall doing so violate any right of any person. You further represent that You have paid all license fees and/or other fees required to be paid to third parties for performance of Your obligations or exercise of Your rights hereunder, for the grant of the licenses hereunder and for any other act by You under these Publisher Terms ("Third Party Fees"), and You covenant to timely pay any and all Third Party Fees required to be paid in the future for such actions. You further expressly agree that, as between You, on the one hand, and RustyRecon and its affiliates, subsidiaries and distribution partners on the other hand, any obligation to pay Third Party Fees as a result of distribution of Your Video Material and Publisher Material pursuant to these Publisher Terms shall be Your obligation and not the obligation of RustyRecon or any of its affiliates, subsidiaries or partners.
Indemnification
You agree to defend, indemnify and hold harmless RustyRecon and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, "RustyRecon Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any term of these Publisher Terms, including any breach of any representation, warranty, covenant or agreement made by You herein; (ii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iii) any claim that any of Your Video Material and Publisher Material caused damage to a third party, or (iv) Your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the RustyRecon Indemnitees. RustyRecon shall have the right to withhold any payments due to You, if any, to offset any liabilities and expenses covered by this indemnity. RustyRecon shall have the right, in its sole discretion, to select its own legal counsel to defend the RustyRecon Indemnitees from any Claims (but by doing so shall not waive Your indemnity obligations), and You shall be solely responsible for the payment of all reasonable attorneys' fees incurred by the RustyRecon Indemnitees in connection therewith. You shall notify RustyRecon immediately if You become aware of any actual or potential claims, suits, actions, allegations or charges that could affect Your or RustyRecon's ability to fully perform its respective duties or to exercise its respective rights under these Publisher Terms. You shall not, without the prior express written approval of RustyRecon, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for any RustyRecon Indemnitee. This defense and indemnification obligation will survive the term of these Publisher Terms.
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE PUBLISHER TERMS, RUSTYRECON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THESE PUBLISHER TERMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SUITABILITY OR OTHERWISE. THE RUSTYRECON SERVICE IS PROVIDED ON AN "AS IS" BASIS ONLY, AND RUSTYRECON MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT IT WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE RUSTYRECON SERVICE RELIES UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS, INCLUDING, WITHOUT LIMITATION, THE ENCODING AND APPLICATION OF SECURITY AND DIGITAL RIGHTS MANAGEMENT FUNCTIONALITY AND PROTECTIONS. RUSTYRECON MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND RUSTYRECON SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE ACQUIRE YOUR VIDEO MATERIAL AND PUBLISHER MATERIAL WITHOUT YOUR AND/OR RUSTYRECON'S AUTHORIZATION AND/OR KNOWLEDGE, INCLUDING, WITHOUT LIMITATION, VIDEO MATERIAL AND PUBLISHER MATERIAL DELIVERED THROUGH STREAMING TECHNOLOGY.
Limitation of Liability
IN NO EVENT SHALL RUSTYRECON OR its affiliates, subsidiaries OR distribution partners and their respective officers, directors, employees and/OR agents BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, LOST BUSINESS, BUSINESS INTERRUPTION OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE PUBLISHER TERMS. UNDER NO CIRCUMSTANCES SHALL RUSTYRECON BE LIABLE FOR DAMAGES IN EXCESS OF AMOUNTS PAID OR PAYABLE TO YOU HEREUNDER.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, RUSTYRECON'S AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Confidentiality
Each party agrees not to disclose the other party's Confidential Information without such other party's prior written consent. "Confidential Information" includes, without limitation: (i) all intellectual property, including, without limitation, all software, technology, programming, technical specifications, materials, guidelines and documentation relating to each party's respective business; (ii) any click-through rates, financial information (including pricing), business information, including, without limitation, operations, planning, marketing interests, products and any other reporting information; and (iii) any other information designated in writing as "Confidential" or with an equivalent legend or that would otherwise be reasonably considered confidential or proprietary given its nature or the circumstances under which it was disclosed. Confidential Information does not include any information that has become publicly known through no breach of the above confidentiality obligations by You or RustyRecon, or information that (a) is in or enters the public domain other than by a breach of the above confidentiality obligations or (b) is rightfully received from a third party without a breach of confidentiality by such third party. Notwithstanding the foregoing, neither party shall be prevented from disclosing the other party's Confidential Information to the extent required by law, rule, regulation or bona fide legal process, provided that party required to so disclose takes all reasonable steps to restrict and maintain confidentiality of such disclosure and provides prior written notice to the other party.
Miscellaneous
Force Majeure. In the event that either party is prevented from performing or is unable to perform any of its obligations under these Publisher Terms due to any cause beyond its reasonable control, then that party's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
Independent Contractors. RustyRecon and You are independent contractors and nothing herein shall be construed to create a partnership, joint venture or agency relationship between RustyRecon and You, and neither party has authority to enter into agreements of any kind on behalf of the other.
Assignment. You may not assign any of your rights or obligations under these Publisher Terms or the TOU without RustyRecon's express prior written consent. RustyRecon may assign its rights or assign or delegate any of its obligations under these Publisher Terms or the TOU to the extent RustyRecon deems it necessary or desirable to provide or maintain the RustyReconService.
Governing Law, Jurisdiction and Venue. These Publisher Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Brevard County of the State of Florida for any claim or action arising out of or relating to these Publisher Terms. You agree that ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE PUBLISHER TERMS MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.
Good Faith. You agree to act in good faith with respect to each provision of these Publisher Terms and the TOU and any dispute that may arise related hereto or thereto.
Effect of Waiver. The waiver by You or RustyRecon of a breach or a default of any provision of these Publisher Terms shall not be construed as a waiver of any succeeding breach of the same or any other provision.
Severability. Each provision of these Publisher Terms shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
Survival. All terms of these Publisher Terms which by their nature extend beyond their termination shall remain in effect for as long as necessary to permit their full discharge and apply to each party's respective successors and permitted assigns.
Headings. The section headings and subheadings contained in these Publisher Terms are included for convenience only, and shall not limit or otherwise affect the terms hereof.
Export and International. The RustyRecon Service is controlled and offered by RustyRecon from its facilities in the United States of America. RustyRecon makes no representations that the RustyRecon Service is appropriate or available for use in other locations. Those who access or use the RustyRecon Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Notices. All notice required to be given under these Publisher Terms must be given in writing and delivered either by hand, by e-mail or by recognized overnight delivery service, all delivery charges pre-paid, and addressed as set forth below.
If to RustyRecon: RustyRecon, LLC 101 South Street, Cocoa, FL 32955, Telephone: (321) 420-7130.
If to You: Via email or transmittal to the address identified by You through Your registration for the RustyRecon Service shall constitute notice to You.
Use of Your Name. You agree to: (i) permit RustyRecon to issue a press release using Your name and/or Marks announcing entry into these Publisher Terms; (ii) permit RustyRecon to utilize Your name and/or Marks in marketing materials and in connection with the RustyRecon Service; and (iii) permit RustyRecon to identify You as a publisher on the RustyRecon Service.
Entire Agreement. These Publisher Terms, together with the TOU and RustyRecon Privacy Policy license, constitutes the entire understanding of the parties hereto with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between You and RustyRecon concerning the subject matter hereof. Neither party hereto has relied on any statement, representation or promise of the other party or representative thereof in agreeing to these Publisher Terms.
Modification of Publisher Terms. RustyRecon shall have the right to modify these Publisher Terms at any time, which modification shall be effective immediately following the earlier of RustyRecon's posting of such change on its website or upon written notice to You. We recommend that you check the RustyRecon website regularly for any such changes. Your use of the RustyRecon Service following such posting or receipt of such written notice shall be deemed to constitute your acceptance of such modification. These Publisher Terms may not otherwise be changed or modified, except in a writing signed by an authorized representative of RustyRecon.
PLEASE READ THESE PUBLISHER TERMS AND CONDITIONS ("PUBLISHER TERMS") CAREFULLY. IT IS A LEGAL DOCUMENT. IT CONTAINS BINDING OBLIGATIONS. BY CLICKING "I AGREE" AT THE END OF THIS DOCUMENT, YOU ("you" or "your" as applicable) ARE AGREEING TO BE BOUND BY THESE PUBLISHER TERMS. IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE PUBLISHER TERMS. "YOU" MEANS YOU OR, IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, "YOU" MEANS THAT EMPLOYER OR ENTITY.
The RustyRecon Service
The RustyRecon Service is described in the Terms of Use ("TOU"), which is incorporated by reference. In addition, the RustyRecon Service may include the services described from time to time on RustyRecon's website, provided, however, that RustyRecon reserves the right to change, improve and/or update the RustyRecon Service from time to time in its sole discretion. As part of the RustyRecon Service, RustyRecon enables rights holders ("Publishers") to upload, manage and distribute their content directly to end users through various distribution channels, including, but not limited to, (i) their own, proprietary website/s, (ii) through the RustyRecon Service itself, and/or (iii) anywhere RustyRecon enables such content to be accessed.
Your Obligations
In order to upload and publish content on the RustyRecon Service, You must have "accepted" these Publisher Terms and the TOU, and You must have an active, authorized account with RustyRecon. All content made available by you, other than "User Material," as defined in the TOU, is referred to as either "Video Material" or "Publisher Material." "Video Material" for purposes of this Agreement is the video you upload to the RustyRecon Services. "Publisher Material, for purposes of this Agreement, is any other material you provide and includes without limitation music, animation, text, software, scripts, graphics, images, audio, information and interactive features. You are solely responsible for all Video Material and Publisher Material You transmit or submit to RustyRecon, whether created by or for You. You may not submit Video Material and Publisher Material that contains any pornographic, infringing, hate-related, violent or illegal content. You may only upload and publish Video Material and Publisher Material on the RustyRecon Service to which You have sufficient rights and licenses to permit the distribution of your Video Material and Publisher Material via the RustyRecon Services. At all times, in using the RustyRecon Service, You must observe and abide by these Publisher Terms and the TOU as they may be amended from time to time.
Ownership/Reservation of Rights
Each party retains any and all pre-existing right, title and interest in and to its website/s, intellectual property, including copyrights and trademarks, technology, content and all components thereof, in whole or in part. Accordingly, You own Your Video Material and Publisher Material, and RustyRecon owns the RustyRecon Service. Neither these Publisher Terms nor the TOU shall be construed in any manner as transferring any rights of ownership of or license to the foregoing, and/or to the features or information therein, except as expressly set forth in these Publisher Terms and the TOU. Under no circumstances will these Publisher Terms be construed as granting, by implication, estoppels or otherwise, a license to any intellectual or other property or components thereof other than as specifically granted in these Publisher Terms or the TOU.
License to Video Material and Publisher Material
License to RustyRecon. You hereby grant RustyRecon a limited, non-exclusive, worldwide, revocable, sub-licensable license to perform such acts in connection with Your Video Material and Publisher Material as are necessary to provide the RustyRecon Service. Specifically, the foregoing license includes, without limitation, and to the extent necessary to provide the RustyRecon Service, permission for RustyRecon, to: (i) publicly display, publicly perform, transmit, distribute, copy, store, reproduce and/or provide Your Video Material and Publisher Material on or through the RustyRecon Service, either in its original form, copy or in the form of an encoded work; (ii) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms based on Your Video Material and Publisher Material; (iii) distribute, transmit, and/or display Your Video Material and Publisher Material and encoded works via such technologies as are supported by RustyRecon from time to time; and (iv) display advertisements in connection with any display of Your Video Material and Publisher Material and encoded works. For the avoidance of doubt, RustyRecon expressly acknowledges and agrees that the RustyRecon Service does not include taking title to any Video Material and Publisher Material supplied by You.
License to Trademarks
Subject to full compliance with these Publisher Terms, RustyRecon hereby grants You, and You hereby grant RustyRecon, a non-exclusive, non-transferable (except as provided herein), royalty-free right to reproduce and display the other's logos, trademarks, trade names and other similar identifying material (the "Marks") solely for the purposes described herein and in accordance with RustyRecon's or Your, as applicable, established usage policies and procedures, as may be modified from time to time in RustyRecon's or Your, as applicable, sole discretion and as supplied by link or in writing to the other party, and, in the case of RustyRecon, to grant sublicenses thereto on the same terms and conditions to end users and RustyRecon's affiliates and partners to the extent necessary in connection with the provision of the RustyRecon Service. In connection with such licenses, each party shall have the unilateral right to establish such quality standards and additional terms and conditions as such party deems necessary to reasonably protect its Marks. These licenses may be revoked by the granting party at any time upon notice to the other and will otherwise terminate automatically upon the termination of these Publisher Terms between You and RustyRecon.
Video Material and Publisher Material Publication Options
By using the publisher portion of the RustyRecon Service, You may select options regarding the presentation, management, distribution of and end user access to Your Video Material and Publisher Material. You may change Your selections regarding each option to the extent permitted by the publisher portion of the RustyRecon Service. In all cases, Your last selections reflected in RustyRecon's database shall be conclusive in the event of any dispute.
No Endorsement; Availability; Monitoring
You acknowledge that RustyRecon does not endorse, evaluate or guarantee any Video Material and Publisher Material and you may not state or imply any such endorsement, evaluation or guarantee. RustyRecon does not guarantee that any Video Material and Publisher Material will be made available on the RustyRecon Service, whether continuously or at all. RustyRecon shall have no obligation to monitor any Video Material and Publisher Material. However, RustyRecon and its agents shall have and do reserve the right to monitor any Video Material and Publisher Material from time to time for any lawful purpose. RustyRecon may, without notice to you, remove or block content of any Video Material and Publisher Material from the RustyRecon Service.
Suspension
RustyRecon reserves the right to suspend its performance or any aspect thereof under these Publisher Terms at any time, without giving prior notice, for any act which RustyRecon, in its sole discretion, determines to be harmful to any end user of the RustyRecon Service, the RustyRecon Service itself or which RustyRecon determines in good faith violates or fails to comply with any applicable law or regulation.
Revocation of Rights
You have the right to revoke certain licenses You are granting to Your Video Material and Publisher Material under these Publisher Terms. If You choose to revoke any of Your revocable licenses, RustyRecon will use commercially reasonable efforts to remove Your Video Material and Publisher Material from the RustyRecon Service within three business days after receipt of Your notice of revocation but shall have no liability for failure to remove such Video Material. You acknowledge and agree that RustyRecon has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that RustyRecon assumes no responsibility for controlling or monitoring such intellectual property rights and shall have no liability for such possible infringement. In addition, RustyRecon is not responsible for enforcing Your intellectual property rights, including filing suit or taking other legal action against infringers or against RustyRecon's distribution partners who fail to cease using Your Video Material and Publisher Material upon revocation. RustyRecon respects the licensing choices publishers may provide viewers, including Creative Commons type licenses, but assumes no responsibility for enforcing such liability hereunder.
Representations and Warranties
Corporate. You represent and warrant at all times that: (i) You are duly organized and validly existing and in good standing under the laws of the state of Your incorporation; (ii) You have full corporate power and authority to enter into these Publisher Terms and the TOU and to carry out the provisions hereof and thereof; (iii) You are duly authorized to execute and deliver these Publisher Terms and the TOU and duly authorized to perform the obligations hereunder and thereunder; (iv) these Publisher Terms and the TOU are legal and valid obligations, binding and enforceable in accordance with their terms; and (v) neither the execution, delivery and performance of these Publisher Terms nor the TOU conflicts with any agreement, instrument, or understanding, oral or written, to which You are a party or by which You may be bound, or violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over You.
Ability to Accept these Publisher Terms. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to accept, make and/or perform the terms, conditions, obligations, representations and warranties set forth in these Publisher Terms and the TOU, and to abide by and comply with the terms hereof and thereof.
No Infringement. You represent and warrant that You either own fully and outright or otherwise possess and have obtained all rights, approvals, licenses, consents and permissions as are necessary to perform Your obligations hereunder and under the TOU and to grant the licenses granted by You under these Publisher Terms and the TOU.
Representations About Your Video Material and Publisher Material. You specifically represent and warrant that Your Video Material and Publisher Material and the distribution and/or publication of Your Video Material and Publisher Material through the RustyRecon Service or through and/or by any affiliate or partner of RustyRecon, directly or indirectly, does not, and shall not, infringe or misappropriate the rights of any third party, nor shall doing so violate any right of any person. You further represent that You have paid all license fees and/or other fees required to be paid to third parties for performance of Your obligations or exercise of Your rights hereunder, for the grant of the licenses hereunder and for any other act by You under these Publisher Terms ("Third Party Fees"), and You covenant to timely pay any and all Third Party Fees required to be paid in the future for such actions. You further expressly agree that, as between You, on the one hand, and RustyRecon and its affiliates, subsidiaries and distribution partners on the other hand, any obligation to pay Third Party Fees as a result of distribution of Your Video Material and Publisher Material pursuant to these Publisher Terms shall be Your obligation and not the obligation of RustyRecon or any of its affiliates, subsidiaries or partners.
Indemnification
You agree to defend, indemnify and hold harmless RustyRecon and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, "RustyRecon Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any term of these Publisher Terms, including any breach of any representation, warranty, covenant or agreement made by You herein; (ii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iii) any claim that any of Your Video Material and Publisher Material caused damage to a third party, or (iv) Your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the RustyRecon Indemnitees. RustyRecon shall have the right to withhold any payments due to You, if any, to offset any liabilities and expenses covered by this indemnity. RustyRecon shall have the right, in its sole discretion, to select its own legal counsel to defend the RustyRecon Indemnitees from any Claims (but by doing so shall not waive Your indemnity obligations), and You shall be solely responsible for the payment of all reasonable attorneys' fees incurred by the RustyRecon Indemnitees in connection therewith. You shall notify RustyRecon immediately if You become aware of any actual or potential claims, suits, actions, allegations or charges that could affect Your or RustyRecon's ability to fully perform its respective duties or to exercise its respective rights under these Publisher Terms. You shall not, without the prior express written approval of RustyRecon, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for any RustyRecon Indemnitee. This defense and indemnification obligation will survive the term of these Publisher Terms.
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE PUBLISHER TERMS, RUSTYRECON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THESE PUBLISHER TERMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SUITABILITY OR OTHERWISE. THE RUSTYRECON SERVICE IS PROVIDED ON AN "AS IS" BASIS ONLY, AND RUSTYRECON MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT IT WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE RUSTYRECON SERVICE RELIES UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS, INCLUDING, WITHOUT LIMITATION, THE ENCODING AND APPLICATION OF SECURITY AND DIGITAL RIGHTS MANAGEMENT FUNCTIONALITY AND PROTECTIONS. RUSTYRECON MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND RUSTYRECON SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE ACQUIRE YOUR VIDEO MATERIAL AND PUBLISHER MATERIAL WITHOUT YOUR AND/OR RUSTYRECON'S AUTHORIZATION AND/OR KNOWLEDGE, INCLUDING, WITHOUT LIMITATION, VIDEO MATERIAL AND PUBLISHER MATERIAL DELIVERED THROUGH STREAMING TECHNOLOGY.
Limitation of Liability
IN NO EVENT SHALL RUSTYRECON OR its affiliates, subsidiaries OR distribution partners and their respective officers, directors, employees and/OR agents BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, LOST BUSINESS, BUSINESS INTERRUPTION OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE PUBLISHER TERMS. UNDER NO CIRCUMSTANCES SHALL RUSTYRECON BE LIABLE FOR DAMAGES IN EXCESS OF AMOUNTS PAID OR PAYABLE TO YOU HEREUNDER.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, RUSTYRECON'S AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Confidentiality
Each party agrees not to disclose the other party's Confidential Information without such other party's prior written consent. "Confidential Information" includes, without limitation: (i) all intellectual property, including, without limitation, all software, technology, programming, technical specifications, materials, guidelines and documentation relating to each party's respective business; (ii) any click-through rates, financial information (including pricing), business information, including, without limitation, operations, planning, marketing interests, products and any other reporting information; and (iii) any other information designated in writing as "Confidential" or with an equivalent legend or that would otherwise be reasonably considered confidential or proprietary given its nature or the circumstances under which it was disclosed. Confidential Information does not include any information that has become publicly known through no breach of the above confidentiality obligations by You or RustyRecon, or information that (a) is in or enters the public domain other than by a breach of the above confidentiality obligations or (b) is rightfully received from a third party without a breach of confidentiality by such third party. Notwithstanding the foregoing, neither party shall be prevented from disclosing the other party's Confidential Information to the extent required by law, rule, regulation or bona fide legal process, provided that party required to so disclose takes all reasonable steps to restrict and maintain confidentiality of such disclosure and provides prior written notice to the other party.
Miscellaneous
Force Majeure. In the event that either party is prevented from performing or is unable to perform any of its obligations under these Publisher Terms due to any cause beyond its reasonable control, then that party's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
Independent Contractors. RustyRecon and You are independent contractors and nothing herein shall be construed to create a partnership, joint venture or agency relationship between RustyRecon and You, and neither party has authority to enter into agreements of any kind on behalf of the other.
Assignment. You may not assign any of your rights or obligations under these Publisher Terms or the TOU without RustyRecon's express prior written consent. RustyRecon may assign its rights or assign or delegate any of its obligations under these Publisher Terms or the TOU to the extent RustyRecon deems it necessary or desirable to provide or maintain the RustyReconService.
Governing Law, Jurisdiction and Venue. These Publisher Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Brevard County of the State of Florida for any claim or action arising out of or relating to these Publisher Terms. You agree that ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE PUBLISHER TERMS MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.
Good Faith. You agree to act in good faith with respect to each provision of these Publisher Terms and the TOU and any dispute that may arise related hereto or thereto.
Effect of Waiver. The waiver by You or RustyRecon of a breach or a default of any provision of these Publisher Terms shall not be construed as a waiver of any succeeding breach of the same or any other provision.
Severability. Each provision of these Publisher Terms shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
Survival. All terms of these Publisher Terms which by their nature extend beyond their termination shall remain in effect for as long as necessary to permit their full discharge and apply to each party's respective successors and permitted assigns.
Headings. The section headings and subheadings contained in these Publisher Terms are included for convenience only, and shall not limit or otherwise affect the terms hereof.
Export and International. The RustyRecon Service is controlled and offered by RustyRecon from its facilities in the United States of America. RustyRecon makes no representations that the RustyRecon Service is appropriate or available for use in other locations. Those who access or use the RustyRecon Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Notices. All notice required to be given under these Publisher Terms must be given in writing and delivered either by hand, by e-mail or by recognized overnight delivery service, all delivery charges pre-paid, and addressed as set forth below.
If to RustyRecon: RustyRecon, LLC 101 South Street, Cocoa, FL 32955, Telephone: (321) 420-7130.
If to You: Via email or transmittal to the address identified by You through Your registration for the RustyRecon Service shall constitute notice to You.
Use of Your Name. You agree to: (i) permit RustyRecon to issue a press release using Your name and/or Marks announcing entry into these Publisher Terms; (ii) permit RustyRecon to utilize Your name and/or Marks in marketing materials and in connection with the RustyRecon Service; and (iii) permit RustyRecon to identify You as a publisher on the RustyRecon Service.
Entire Agreement. These Publisher Terms, together with the TOU and RustyRecon Privacy Policy license, constitutes the entire understanding of the parties hereto with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between You and RustyRecon concerning the subject matter hereof. Neither party hereto has relied on any statement, representation or promise of the other party or representative thereof in agreeing to these Publisher Terms.
Modification of Publisher Terms. RustyRecon shall have the right to modify these Publisher Terms at any time, which modification shall be effective immediately following the earlier of RustyRecon's posting of such change on its website or upon written notice to You. We recommend that you check the RustyRecon website regularly for any such changes. Your use of the RustyRecon Service following such posting or receipt of such written notice shall be deemed to constitute your acceptance of such modification. These Publisher Terms may not otherwise be changed or modified, except in a writing signed by an authorized representative of RustyRecon.
Safety Tips
Protect Yourself
- Protect your PC from viruses, hackers and threats. Protect yourself, your money and privacy.
- Use common sense and caution when navigating the internet.
- Don’t give out credit card or other personnel information.
- Don’t give out your password. No one from Rusty Recon will ever ask you for that information.
- Be suspicious of anyone making you offers “to good to be true”.
- Be cautious of “Nigerian letter” money scams.
- Report suspicious activity or scams immediately to Rusty Recon.
- Don’t post any personal information, photos, text, links, etc. that you don’t want available to the public. Your listings are available 24/7 to anyone in the world.
- Rusty Recon does not monitor or screen any listings. Rusty Recon does not do background checks, does not sanction, and does not authorize members or their listings.
- Be cautious if meeting someone for the first time. Always meet in a public place, have a friend accompany you, have your cell phone handy, and inform your family or friends about who you are meeting with and where you will be.
- Avoid identity theft by monitoring your accounts, withholding personal information and using strong and unique passwords. Never give out personnel information.
- Learn as much as you can about the product and the seller.
- Understand the refund and return policy.
- Use secure pay options like PayPal.
- Do not pay with Western Union because you have no assurance of delivery to the correct person.
- Be cautious if meeting someone for the first time. Always meet in a public place, have a friend accompany you, have your cell phone handy, and inform your family or friends about who you are meeting with and where you will be.
- Be cautious about giving out credit card information.
- Be suspicious of scams and offers “too good to be true”.
- Write an accurate item description and make sure to mention condition, wear and defects.
- Be clear about your return policy.
- Use a secure payment program like PayPal.
- Do not send out or deliver item until full payment is received. If payment is made by check, wait until check clears and state your check-cashing policy in your add.
- Add buyer requirements so you can screen buyers. You may not want to ship item, or you may not want to mail to certain countries. You may want to prequalify buyers or select a specific payment method. Be clear on terms and conditions in your listing.
- List your item in the proper category.
Support
If you are having technical difficulties with RustyRecon or if you have any suggestions then please inform us in our moderated forum - Forum.rustyrecon.com
Jobs
RustyRecon is always looking to add top talent to our team. If you are interested in working for RustyRecon then please contact us.
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